CAFC Patent Cases, 2/2/21 – 2/15/21

Precedential Federal Circuit Opinions

1. CHUDIK v. HIRSHFELD [OPINION]  (2020-1833, 2/8/2021) (Taranto, Bryson, Hughes)
   Taranto, J.  Affirming PTO decision regarding length of patent term adjustment.  The statutory language regarding “C-delay” for appellate review requires “a reversal decision made by the Board or a reviewing court, thus excluding time spent on a path pursuing such a decision when, because of an examiner reopening of prosecution, no such decision is ever issued…  The unavailability of B-delay [in this case] for nearly two years (655 days) of delay in the PTO illustrates what applicants should understand when deciding whether to request a continued examination rather than take an immediate appeal. The potential benefit of immediate re-engagement with the examiner through such continued examination comes with a potential cost.”